Major project development assessment processes

Research report

Appendices B to F are only available online in the downloadable files below.

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  • While Australia already has in place the building blocks of a sound development assessment and approval (DAA) regulatory system, there is substantial scope to comprehensively overhaul the framework in Australia for major projects.
  • The DAA processes of Australian jurisdictions and select countries were benchmarked for this study. A number of leading practices were identified which should be implemented by all Australian jurisdictions.
  • DAA areas that require attention include:
    • unnecessary complexity and duplicative processes
    • lengthy approval timeframes
    • lack of regulatory certainty and transparency in decision making
    • conflicting policy objectives
    • inadequate consultation and enforcement
    • regulatory outcomes falling short of their objectives.
  • Specific reforms proposed include:
    • a five-point plan to move towards a 'one project, one assessment, one decision' framework for environmental approvals, that includes strengthening bilateral assessment and approval agreements between the Commonwealth and the States and Territories
    • limiting the use of 'stop-the-clock' provisions
    • States and Territories improving coordination between their regulatory agencies
    • institutional separation of environmental policy development from regulatory and enforcement functions
    • enshrining the principle that Ministerial approval - unless a deemed approval - should not be reviewable by review bodies other than on judicial review grounds
    • establishing statutory timelines, together with appropriate safeguards, for key decision points in the DAA process
    • expanding the use of Strategic Assessments and Plans where practical to do so
    • requiring that approval authorities publish reasons for their approval decisions and conditions
    • improving third party opportunity for compliance actions.
  • Any regulatory system is only as good as its weakest link. Partial reform efforts are unlikely to achieve meaningful improvements.